M. SHATRUNJAYA SHETTY AND ORS. Vs. LAND TRIBUNAL, KARKALA AND ORS.

JUDGEMENT

(1.) Petitioners have assailed order dated 22-6-1981 passed in Nos. TRL 112-80, 110-80-81 (Annexure-A to the writ petition). The land, which is the subject-matter of controversy in this matter is Sy. No. 248/12 measuring 1 acre 32 cents situated at Karkala Town, Udupi District (hereinafter referred to as the "land in question").

(2.) The case of the petitioners is that land in question is owned by one Pachappa Shetty, who was not married. Smt. Lakshmimathi Amma was his niece i.e., sister's daughter. She and her children inherited the aforesaid lands under Aliyasanthana law. Smt. Lakshmimathi Amma and her children executed a registered release deed dated 19-12-1956 in favour of one Gunavathiamma and her children. A copy of the release deed is produced as Annexure-B to the writ petition. It is stated that under that release deed, the land in question came to the ownership of the petitioners as their mother was Gunavathiamma. The name of their mother was entered in the record of rights as Khathedar in possession of lands. After the enforcement of Karnataka Land Reforms (Amendment) Act, 1974, respondent 3 filed Form 7 seeking grant of occupancy rights of the said land in question by arraigning one Sri Narayana Hedge, deceased by his son Sanjeeva Hedge and Nagaveniyamma i.e., the mother of the third respondent as respondent before the Tribunal. By order dated 30-8-1980, the Land Tribunal granted occupancy rights of the land in question to respondent 3. That order is assailed by the petitioners by filing this writ petition in April 2012.

(3.) I have heard the learned Counsel for the petitioners; learned Counsel for respondent 3 and learned High Court Government Pleader for respondents 1 and 2, who has also made available the original records.